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How to Import Alcohol into the U.S.

By All, Corporate, Featured, International, Publications

Robert N. Swetnick, Partner
Carolina Pineda Martinez, Special Counsel

June 20, 2019

There are multiple considerations to take into account when importing alcohol into the U.S., many of which may become a major pitfall if not addressed in due time. In this article we will explain how to import alcohol into the U.S. so that the process can be seamless and you may start your business as soon as possible! Read More

Trademark Bulletin February 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Publications, Trademark Bulletins

BIC Files ITC Complaint Against Importers of Allegedly Counterfeit Pocket Lighters

On December 6, 2018, BIC Corporation (“BIC”) petitioned the United States International Trade Commission (“ITC”) for an investigation into the illicit importation into the United States, sale for importation, or sale after importation of six respondents’ pocket lighters, alleging that respondents’ lighters infringe BIC’s intellectual property rights in the design of its disposable cigarette lighters, otherwise known as their “trade dress.” In its petition, BIC argues that similarities in the appearance of respondents’ lighters and its lighters will lead consumers to be confused as to the source and/or sponsorship of respondents’ lighters, or to affiliate respondents’ lighters with BIC.  BIC’s petition asks the ITC to issue a general exclusion order blocking the importation of infringing lighters from any source, not just the named respondents, and claims that such an order “is necessary and appropriate to prevent circumvention of limited exclusion orders directed to products of Respondents.”

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Trademark Bulletin January 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Publications, Trademark Bulletins

Supreme Court Will Decide Whether USPTO Can Refuse to Register “Scandalous” TMs

On January 4, the U.S. Supreme Court granted certiorari to the USPTO to decide whether the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks violates the First Amendment. The Supreme Court’s decision to hear the case comes less than two years after it unanimously ruled in Matal v. Tam that a similar part of the trademark law that banned the registration of “disparaging” trademarks violated the First Amendment. In Matal, an Asian-American rock band called The Slants attempted to register its name for trademark protection, but was denied because the USPTO decided that the mark would be likely to offend Asian-Americans. Read More